Alhamdulillah, I had a fruitful day with Dr Najibah, Dr Roslina, Kak Hidayah & Kak Hadaliza visiting the AIFS and the Family Court yesterday. Unlike our previous trip to the court, this time we had and all out discussion and explanation of the overall new reformed family law system in Australian. This is due especially to all of Lawrie’s contact, my supervisor -LOVE YOU! he..he..he (who currently is a senior research fellow at the Institute). The last time a few academics back home tried to do so, Lawrie was on sick leave for almost 3 months. We were so grateful for his help in arranging the sessions and court tour. We even got to see how the newly rebadged Court Counsellors – now known as Family Consultant’s working area and facilities.
I think the most important thing I got from the whole trip – Australia’s family court is leaning towards the inquisitorial system. A system that have been practice in Islam all the while, especially by the Prophet (SAW). The Australian Judiciary had to go all the long way to find out how this method is actually best in resolving family cases. And we in Malaysia tried emulate all the Common Law concepts and practices for wanting to ‘look’ progressive, whereas all the solutions in right there in front of our eyes for the taking. So we have to stop feeling so ‘kampung’ and research what is provided in Islam and re frame them in the current context. Enough said!